By-law 2639 - Sign By-law — full text

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THE CORPORATION OF THE TOWN OF THESSALON BY-LAW 2639 BEING A BY-LAW to prohibit and/or regulate adverƟsing devices, including signs, within the Municipality of Thessalon. WHEREAS SecƟon 99 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that Councils of local municipaliƟes may pass By-laws to prohibit and/or regulate adverƟsing devices, including signs; AND WHEREAS SecƟon 425 of the Municipal Act, S.O. 2001, Chapter 25, provides that municipaliƟes have the authority by by-law or otherwise to direct or require that a mater or thing be done, and that municipaliƟes may require that, in default of this being done by the person directed or required to do it, such mater or thing shall be done at the person's expense; AND WHEREAS SecƟon 391 of the Municipal Act, S.O. 2001, Chapter 25, provides that municipaliƟes may pass by-laws imposing fees or charges for services or acƟviƟes provided; AND WHEREAS it is deemed expedient to make provisions for regulaƟng and/or prohibiƟng adverƟsing devices, including signs; NOW THEREFORE The Council of the CorporaƟon of the Town of Thessalon hereby ENACTS AS FOLLOWS: 1. SCOPE OF BY-LAW 1.1 Short Title of this By-law and any amendments thereto shall be known as the "Town of Thessalon Sign By-law." 1.2 Purpose of the By-law This By-law regulates private and public signs placed on lands, buildings, and other structures within the corporate limits of the Town of Thessalon for the purpose of; a) ProtecƟng and enhancing the aestheƟc qualiƟes and visual character of the Town of Thessalon. b) Providing for signs whose characterisƟcs are appropriate to their use and funcƟon. c) PrevenƟng signs that impact the safety of pedestrians or motorists. d) Balancing opportuniƟes for business expression with the interests of the Town of Thessalon public and community. 1.3 The By-Law Enforcement Oﬃcer, Chief Building Oﬃcial, and/or Town Superintendent may enter upon any property at any reasonable Ɵme to inspect a sign for the purpose of determining its compliance with this By-law. 2. DEFINTIONS The terms set out below shall have the following meanings: "A-FRAME OR SANDWICH BOARD SIGN" means a free-standing single or double-faced temporary accessory sign. "ABANDONED SIGN" means a sign located on property which becomes vacant and unoccupied for a period of 90 days or more, or any sign that pertains to a Ɵme event or purpose that no longer applies; "ADVERTISING DEVICE" means any device or object erected or located so as to atract public atenƟon to any goods or services or faciliƟes or events and includes ﬂags, banners, pennants and lights; "ALTER" means any change to a sign including the removal and replacement of the sign, the addiƟon, removal or rearrangement of parts of the sign, but excluding the changing of copy or the replacement of parts of the sign with similar parts for maintenance purposes. AlteraƟon shall have the same meaning as alter. "ANIMIATED SIGN" means a sign with a sign face that moves in whole or in part and includes a ﬂashing or a rotaƟng sign, but does not include a clock, a Ɵme, date or temperature display, an electronic message display, a change copy sign or a rotaƟng sidewalk sign. "APPROVED" means approved by the Council of the Town of Thessalon; "AWNING" means a space frame system, moveable or ﬁxed, covered with fabric, metal or like material atached and projecƟng from a building or structure, but not forming an integral part thereof and includes a canopy. "BANNER SIGN" means a sign or adverƟsing device made from cloth, plasƟc or a similar lightweight non- rigid material. "BILLBOARD" means an oﬀ-premises ground or wall sign erected and maintained by a person, or business engaged in the sale or rental of the space on the sign to a client for the purpose of adverƟsing a business, goods, or services not necessarily sold, oﬀered, or conducted on the premises where the sign is located. "BUILDING CODE"- shall mean the Ontario Building Code Act, as amended from Ɵme to Ɵme, which includes any regulaƟons thereunder. "BY-LAW ENFORCEMENT OFFICER" - is an appointed person who is responsible for invesƟgaƟng, administering and enforcing the provisions of all by-laws of the Town of Thessalon, as well as applicable provincial statutes. "CHIEF BUILDING INSPECTOR" - means the Chief Building Inspector appointed by By-law by the CorporaƟon of the Town of Thessalon. "CONTRACTOR SIGN" means a temporary sign that adverƟses work being performed on the property by a trade, including but not limited to general contractors, painters and renovators; where such sign is removed upon compleƟon of work. "COUNCIL" - shall mean the Council of the CorporaƟon of the Town of Thessalon "DIGITAL SIGN" means a porƟon of a sign face or projector adverƟsing that incorporates a technology or method allowing the informaƟon displayed on the sign or the surface to be changed without physically or mechanically replacing the display surface or its components; for purposes of this By-law a digital sign shall also include an electronic message board sign and/or a projector sign. "FASCIA SIGN" means any type of sign that has been installed on the building's fascia. "GROUND SIGN" means a sign that has its structure supported by way of a foundaƟon system that is installed below the surface of the ground to provide anchorage and ballast for the structure that is out of the ground. This does not include signs installed with driven stakes or pins into the ground. "MESSAGE BOARD SIGN" means a mobile sign that is placed on a ballast foundaƟon on the ground, on wheels with anchorage, or on a frame with legs, that exhibits or displays a message that may be interchangeable. Examples of such signs include but are not limited to wheeled rental signs, rented message board signs for temporary events, and large event signs with temporary on ground ballast anchorage. "OWNER" means the registered owner of a lot, herein referred to as the property owner, the proprietor operaƟng a business on lot, herein referred to as the business owner, or the person apparently in possession of a sign, herein referred to as the sign owner "PLANNING ADVISORY COMMITTEE" means a commitee appointed by Council in which will review "Sign Permit ApplicaƟons" to ensure applicaƟons are complaint with applicable By-laws and make a recommendaƟon to Council. "PRIVATE PROPERTY" means a property on the last revised Assessment Roll within the Town of Thessalon that is not owned or under the jurisdicƟon of the Municipal, County, Provincial or Federal Government. "PORTABLE SIGN" - also known as a mobile sign, means a temporary sign which is not permanently aﬃxed to the ground or to any structure, and is typically designed for the rearrangement of copy on the sign's display surface, and which is capable of being readily moved from place to place. "REAL ESTATE SIGN" means a sign that is erected for the sale, lease, or rental of a speciﬁc property. "RESIDENTIAL DEVELOPMENT SIGN" means an address sign that idenƟﬁes a residenƟal development including a subdivision, vacant land condominium or townhouse development. "RESIDENTIAL HOME SIGN" means a sign that is located on private property of a residenƟal use that adverƟses a name and/or address of the property owner. "SIGHT TRIANGLE" means the deﬁned site triangle contained in the Town of Thessalon's Zoning By-law. "SIGN" means any device, object or thing which directs atenƟon to and which is designed to convey a message and that is placed for the purposes of adverƟsing goods and services oﬀered, idenƟfying a business or enterprise or for conveying any other type of message and, without limiƟng the generality of the foregoing, this deﬁniƟon includes but is not limited to, the types of signs speciﬁcally deﬁned in this secƟon. "SIGN FACE" means a surface of a sign that contains adverƟsing. "SIGN OWNER" means the person who owns the sign. Where there is no known owner of the sign, or such person cannot be determined with certainty, the sign owner shall be deemed to be the person having authority over the associated use or deriving the major beneﬁt from the sign. If such person is unknown, the sign owner shall be deemed to be the registered owner of the land upon which the sign is situated; "SIGN PERMIT" means a permit issued by the Council of the Town of Thessalon pursuant to the provisions of this By-law or a previous By-law to erect or display a sign; "SIGN TYPE" means a sign referenced by its means of support, manner of displaying informaƟon, or the informaƟon intended to be displayed; "TOWN" means the Town of Thessalon "TOWN SUPERINTENDENT" - means the person appointed by Council to supervise the work, maintenance and improvements of Town faciliƟes, roads, infrastructure, etc. "ZONING BY-LAW" refers to the Town of Thessalon's Zoning By-law 2510, as amended or its successor By- law. 3. APPLICATION OF THIS BY-LAW This By-law applies to all lands within the boundary of the Town of Thessalon unless otherwise stated in this By-law. 3.1 The following signs and adverƟng devices are not regulated or prohibited by this By-law: a) Signs owned or operated by the Town. b) Signs adverƟsing a Federal or Provincial government enƟty, or adverƟsing funding or support by a Federal or Provincial government related project for the duraƟon of the project. c) Signs for regulaƟng traﬃc, or similar devices, legal noƟces, and warnings, including at railroad and pedestrian crossings. d) Small signs no greater than 0.14m2 (1.5Ō) in area displayed only for the direcƟon of the public including signs that idenƟfy washrooms, freight entrances, parking spaces, civic address numbers, and such other similar direcƟonal signs. e) Signs in display windows including wriƟng, representaƟon, painƟng or letering directly on the surface of any window or door, or other signs within the building interior, provided they are not a Digital Sign that is visible to the general public from the exterior of the building. f) ElecƟon signs used during the acƟve period of a Town municipal elecƟon, Ontario provincial elecƟon, or Canada federal elecƟon, and that relate only to the elecƟon and eligible candidates in the elecƟon. g) Signs aﬃxed to any vehicle. h) Signs aﬃxed to shopping cart enclosures in Non-ResidenƟal parking lots. i) Temporary signage not exceeding 1.49m2 (16Ō2 ) in area and not located on Town property, that are used for posiƟve community messaging and congratulatory messaging. 4. GENERAL REQUIREMENTS FOR ALL SIGNS The following requirements shall apply to all signs: 4.1 No person shall erect, display or maintain abandoned signs, or signs imitaƟng or resembling oﬃcial traﬃc or government signs or signals. 4.2 No person shall construct, erect, display, alter or repair a sign located within the Town of Thessalon without having ﬁrst obtained a permit from and approved by Council. 4.3 The owner(s) of any sign erected, constructed or altered in the Town of Thessalon shall conform to the provisions of this By-law, the Town of Thessalon Zoning By-law and to any applicable requirements of the Ontario Building Code any Order issued under this By-law, and any other applicable law. 4.4 No personal shall erect or maintain any of the following signs: a) A sign located on premises which does not speciﬁcally idenƟfy or adverƟse a business, service, or occupant of the premises where it is located, unless otherwise speciﬁed in this By-law b) An abandoned sign. 4.5 A permit is not required for the following signs or adverƟsing devices: a) ConstrucƟon Signs; b) ElecƟon signs on private property during any elecƟon campaign; c) Public noƟces, or any sign relaƟng to an emergency; d) Real estate signs limited to property lisƟng signs; e) Window signs, interior signs, or window posters; f) Oﬃcial traﬃc signs or signals; g) Contractor Sign 4.6 No person shall erect, display, aﬃx, atach, fasten, or alter any sign on public property, including road allowances. 4.7 No person shall erect, display, aﬃx, atach, fasten or alter any sign within a sight-triangle. 4.8 All signs and adverƟsing devices erected or displayed shall be non-oﬀensive as deemed by Council. 4.9 All signs shall be maintained, and no person shall allow a sign to be unmaintained. 4.10 Notwithstanding any other secƟon of this By-law, no person shall construct, aﬃx, atach, fasten, alter, display or conƟnue to display any sign which obstructs the sight of or access of any of the following. a) ﬁre hydrant b) sprinkler connecƟon c) traﬃc sign d) manhole e) catch basin f) waterworks g) valve chamber h) ﬁre escape i) emergency exit from a building j) uƟlity poles k) road allowances l) or any other property designated by the Town Superintendent where he or she determines on reasonable grounds that the public or occupaƟonal safety would be at risk if unobstructed sight of such property is obstructed. 4.11 No person shall erect a sign on a vacant lot without an approved Sign Permit. 4.12 Any person installing a sign with electrical components shall acquire proper permits from the Electrical Safety Authority prior to installaƟon in accordance with the applicable legislaƟon. 4.13 No sign shall be installed in a manner that will obstruct a required barrier-free path of travel in accordance with the Ontario Building Code, or public pathway or sidewalk requiring a minimum 1.5m clear unobstructed width in accordance with the Accessibility for Ontarians with DisabiliƟes Act. 4.14 No porƟon of any sign shall be installed where it may damage or interfere with infrastructure including but not limited to sewers, water supply, electrical, communicaƟon wires, and gas services. 4.15 Signs on a building that adverƟse a business that is no longer in existence shall have all their sign faces removed and replaced with a blank weather resistant face by no later than 30 days aŌer the disconƟnuaƟon of the business. If no new adverƟsing is installed within 120 days from the disconƟnuance of the previous adverƟsement, the Owner shall remove the enƟre sign including its structure. 4.16 Signs associated with a temporary or mobile business, that are not located on a vehicle, or a building, shall only be a mobile sign. 4.17 No person shall allow a sign to be located upon any parking space if that parking space is required by the Town of Thessalon's Zoning By-law applicable for the subject property and use thereto. 4.18 A sign shall: a) Not obstruct the view or interfere with the use of any traﬃc control device b) Not be erected, or shall be erected where directed, or shall be removed, when the Town deems the use of a roadway to be adversely aﬀected by the proposed or actual siƫng of the sign structure. 4.19 Signs Near Provincial Highways Despite any other provision of this By-law, where a sign is located within 400 metres of a Provincial highway, the approval of the Ministry of TransportaƟon may be required for the erecƟon of the sign 4.20 No person shall erect a sign on any driveway or entrance way. 4.21 Signage for Homebased Businesses must be in compliance with guidelines set out in the Town of Thessalon's Zoning By-law 5. MAINTENANCE 5.1 A sign and/or adverƟsing device shall be kept in good repair at all Ɵmes and maintained without any visible deterioraƟon of the sign or sign structure. Every sign owner shall ensure that: a) all exposed sign and sign structure surfaces are covered with a durable, weather resistant, protecƟve ﬁnish; b) repainƟng or reﬁnishing is undertaken as oŌen as is necessary to prevent peeling or ﬂaking of paint or corrosion; c) all lights, bulbs, tubes and other forms of illuminaƟon are funcƟoning and comply with the regulaƟons of this By-law; d) all sign faces and sign structures are kept intact and operaƟve and do not contain deterioraƟng, peeling, broken or cracked parts; e) sign is maintained in accordance with the approved plan authorizing its erecƟon; f) there is no visible deterioraƟon of the sign, copy or its structure; g) the sign is not unsafe and does not create a danger to any person. 5.2 All sign structures shall be maintained in a safe condiƟon and in good order at expense of the owner, agent or lessee of the sign unƟl removed or demolished, and such maintenance shall include the immediate repair of any defect. 6. HAZARDOUS SIGNS 6.1 No person shall erect, display or allow the erecƟon or display of any sign which consƟtutes a danger to the public be reason of: a) Fault Support; b) Inadequate construcƟon; or c) Dangerous distracƟon to vehicular traﬃc 7. SIGN TYPES AND REGULATIONS 7.1 The following requirements shall apply to below signs in addiƟon to GENERAL REQUIREMENTS: 7.1.1 COMMUNITY EVENTS SIGNS a) A community event sign may be erected on private property with the consent of the owner. b) A community event sign may be erected on a property owned by the Municipality or on the untraveled porƟon of a road allowance with the approval of the Municipality and subject to any condiƟons or requirements imposed by the Municipality. c) A maximum of one community event sign may be erected on a private property. d) No community event sign shall exceed 5.0 m2 in area. e) Community event signs are permited to be erected for not more than 30-days prior to 7.1.2 CONTRACTOR SIGNS a) Contractor's signs shall be permited in any Zone on a lot where there is acƟve and ongoing construcƟon by the business or person so indicated on the sign, and shall be removed upon compleƟon of construcƟon. b) Contractor's signs shall not have a sign area exceeding 16 square feet (1.49 square metres). c) Contractor's signs may be located adjacent to any lot line including a street line. 7.1.3 DIGITAL SIGNS a) Shall not be permited in any residenƟal zone. b) Shall not display any visible eﬀects including but not limited to moƟon, dissolving, fading, ﬂashing, intermitent or blinking light, scrolling or the illusion of such eﬀects; c) Shall not emit sound or be interacƟve in any way; d) Shall not take the form of a portable sign; e) Shall not display sign copy that adverƟses a business, goods, products, or services not necessarily sold or oﬀered or conducted on the property unless it is a billboard. f) The sign copy of a digital sign shall be displayed conƟnuously in a staƟc manner without animaƟon and without any change or any visual eﬀects for not less than 15 seconds. g) Any change from one message to another in the sign copy of a digital sign shall: i. Be completed in 0.25 seconds or less; ii. Involve the change of the enƟre sign copy; iii. Not include a parƟal, incremental or sequenƟal change of sign copy. h) Any digital sign that is located within 100 metres of a signalized intersecƟon or 50 metres of a non-signalized intersecƟon of two streets or a railway crossing (measured from the centre of the intersecƟon to the nearest point of the sign's display surface) shall submit a safety review completed by a qualiﬁed Professional Engineer to the saƟsfacƟon of the Municipality. i) The safety review referred to above shall assess if the digital sign is appropriate at the proposed locaƟon. The assessment shall be based on but not limited to the following: i. Crash and accident history; ii. Traﬃc and pedestrian volumes; iii. Current and expected driver workload; iv. The relaƟve geometric complexity of the roadway and intersecƟon. v. The safety review shall idenƟfy any miƟgaƟng measures that will reduce potenƟal risks idenƟﬁed by the review and assessment. j) The minimum display Ɵme for any electronic message, without movement or change in colour, shall be 30 seconds, and the intensity of the illuminaƟon shall be maintained at a constant level. k) The electronic message board sign shall not display any visible eﬀects including but not limited to moƟon, fading, dissolving, ﬂashing, intermitent or blinking light, scrolling or the illusion of such eﬀects. 7.1.4 ELECTION SIGNS a) An elecƟon sign is permited in any zone only during a current poliƟcal Municipal, Provincial, or Federal ElecƟon; b) No person shall erect an elecƟon sign or adverƟsing device on any Municipal Property; c) No person shall erect an elecƟon sign within 50 metres (165 Ō.) of the exterior main entrance to the polling staƟon; d) No person shall fail to remove an elecƟon sign within forty-eight (48) hours immediately following 11:59 pm of the elecƟon; e) The Town may remove elecƟon signs or adverƟsing devices that do not respect provincial or municipal laws. 7.1.5 FASCIA SIGNS a) Except for SecƟon 4.19, a fascia sign is not permited in a residenƟal zone. b) Except for SecƟon 4.19, a fascia sign is permited in any zone other than a residenƟal zone. Such fascia sign shall not exceed 25% of the front building face, shall have a maximum projecƟon of 0.5 metres (1.8 Ō) from the building face, shall not extend above the eaves of the building, shall only adverƟse the business or service conducted on the property in which the sign is located. 7.1.6 GROUND SIGNS a) A ground sign is permited in any zone other than a residenƟal zone; b) Permited zones shall not have more than one (1) ground sign per lot, shall not have a ground area exceeding one (1) square metre (10.76 Ō.2), shall not have a height exceeding 1.8 metres (6 Ō.) (including supports), shall have a minimum setback from the front and side property lines of 1.5 metres (5 Ō.) and shall have a minimum setback from the exterior side yard of 3 metres (10 Ō.) c) A ground sign is only permited in a residenƟal zone for signs that do not require a sign permit as listed in secƟon of 3.1 of this By-law with the excepƟon of SecƟon 4.19. 7.1.8 GOVERNMENTAL SIGNS a) A governmental sign is permited in any zone; b) Governmental signs shall be in conformity with any standards regulaƟng size and posiƟon authorized by the relevant statue or Order of Council, or by-law or resoluƟon of the Council, or, if no such standards are authorized, shall be suﬃcient in size and posiƟon to fulﬁll their funcƟon. 7.1.9 PORTABLE SIGNS (mobile sign) a) Portable signs in permited zones shall not have more than one (1) portable sign per lot, shall not exceed a sign area of three (3) square metres (10 Ō 2), shall have a maximum height of one (1) metre (3.3 Ō.), shall have a minimum setback of 1.5 metres (5 Ō.) from the front or side property lines, and shall have a minimum setback from the exterior side yard of 3 metres (10 Ō.)/ b) A portable sign is only permited in a residenƟal zone for signs that do not require to have a sign permit as listed in SecƟon 3.1 of this By-law, with the excepƟon of SecƟon 4.21 of this By- law. Such portable signs, except for construcƟon signs, shall not exceed a sign area of three (3) square metres (10 Ō.2). 7.1.10 REAL ESTATE SIGNS a) Real estate signs shall be removed within two (2) weeks aŌer the closing of the sale or lease of a property. b) Real estate signs shall only be placed on the lot where the sale is being proposed, and no oﬀsite adverƟsing is permited except for open house signage. c) Real estate signs for the purpose of adverƟsing an open house, shall not exceed a sign face area of 0.28m2 (3Ō2 ), and are permited to be installed 48 hours preceding an open house, during an open house, and shall be removed immediately aŌer the end of the event. d) Not more than one (1) mobile sign (excluding message board signs) and one (1) wall Sign shall be permited per lot fronƟng on a highway, except that not more than two (2) mobile sign (excluding message board signs) and two (2) wall signs shall be permited per lot fronƟng on two (2) or more highways 7.1.11 ROOFTOP SIGNS a) No person shall erect, display or maintain rooŌop signs, unless otherwise approved by the Council of the Town of Thessalon. ApplicaƟons for rooŌop signs in any zone will be considered by speciﬁc request. 8. APPLICTATION FOR SIGN PERMIT 8.1 No person shall construct, erect, display, alter, or maintain a sign or adverƟsing device unless the applicable fee and applicaƟon form set out in Schedule "A" atached hereto has been ﬁled, signed by Town staﬀ/representaƟve and signed by the owner or authorized agent. 8.2 An applicaƟon for a sign shall only be approved where it is in compliance with this By-law, the Zoning By-law and the Ontario Building Code. 8.3 All plans and drawings accompanying a sign permit applicaƟon for any sign or adverƟsing device shall be provided and shall contain the following: a) A key plan showing the general locaƟon of the land on which the proposed sign is to be located and the nearest major intersecƟon; b) The municipal address and legal descripƟon of the property; c) The exisƟng or proposed use of the premises drawn to scale and indicaƟng all setbacks; d) The locaƟon and dimensions of the frontage and all boundaries of the premises on which the sign is proposed to be erected; e) The locaƟon of the proposed sign on the premises, drawn to scale and indicaƟng all setbacks; f) Details of sign drawn to scale, including dimensions, sign area and any other informaƟon as may be required to determine compliance with the By-law; g) AuthorizaƟon of the owner of the premises on which the sign is to be erected or displayed. 8.4 No person shall make a material change or cause a material change to be made to a plan, speciﬁcaƟon, document or other informaƟon on the basis of which a permit was issued without noƟfying, ﬁling details with and obtaining the authorizaƟon of the Chief Building Oﬃcial. 8.5 A sign permit must be held by the person who is or will be the owner of the sign structure that is being constructed, erected, placed, altered or maintained. 8.6 A sign permit is only valid: a) For the sign described in the permit; b) If and when issued by the Council of the Town of Thessalon; c) All applicable fees have been paid in full as set out in the Town of Thessalon's User Fee By-law. 9. REMOVAL OF UNLAWFUL SIGNS 9.1 Where a sign is erected or displayed in contravenƟon of this By-law, such sign may be pulled down or removed by the Town in the manner stated in this secƟon. 9.2 Where a sign is erected or displayed contrary to this By-law, the By-law Enforcement Oﬃcer or Town Superintendent shall forward a noƟce, by regular mail, to the lessee or owner of the sign or their agents, or if there is no lessee, or the lessee, the owner or agent of the sign cannot be determined with certainty, to the registered owner of the land on which the sign is situated, requiring the illegal sign be removed or in a proper case, be made to comply with this By-law within 7 business of the giving of the noƟce. 9.3 A noƟce which is mailed pursuant to SecƟon 10.2 shall be deemed received on the seventh day following the day on which the noƟce was mailed. 9.4 If the noƟce given pursuant to SecƟon 10.2 is not complied with, the Town Superintendent shall instruct Town Employees or an independent contractor to enter upon the land to pull down and remove the sign between the hours of 8 a.m. and 4:00 p.m., but no such entry will be made into a building for this purpose. 9.5 Signs removed shall be stored by the Town for a period of not less than thirty (30) days, during which Ɵme of the owner, or his agent, may be enƟtled to redeem the sign upon receipt of payment to the Town: a) The sum of $500.00, being the cost of removing the sign; b) A storage charge of $25.00 per day; c) A signed acknowledgement and release on a prescribed form; d) Where the cost of the sign removal exceeds $500.00, then the cost to redeem shall be the actual cost accrued by the Town. 9.6 Where a sign has been removed by the Town and stored for a period of thirty (30) days and such sign has not been redeemed, such signs may be forthwith destroyed or otherwise disposed of by the Town. 9.7 Where a sign has been located on, over, partly on, or partly over, a roadway or any other public property under the jurisdicƟon of the Town of Thessalon, that sign or signs may be removed by the Town immediately without any noƟce. 9.8 Unlawful uƟlity pole poster signs and signs on public property, including road allowances, may be disposed of immediately without any noƟce. 9.9 A sign permit maybe revoked by the Town of Thessalon under the following circumstances: a) Where the sign does not conform with the provisions of this By-law and amendments thereto; b) Where the sign does not conform with any legal requirements of any governmental authority having jurisdicƟon over the area where the sign is situated c) Where the permit has been issued as the result of false or misleading statements, or undertakings or applicaƟon; or d) Where the permit has been issued in error by the Town. 10. REFUNDS 10.1 Sign permit fees are non-refundable. 10.2 AddiƟonal fees, charged due to the commencement of installaƟon or display of a sign or sign structure prior to permit issuance, equal to 100% of the amount calculated as the regular permit fee, shall not be refundable in any case. 11. CONFLICT 11.1 In the event of any conﬂict between the provisions of this By-law and the Provisions of the Ontario Building Code, the provisions of the Ontario Building Code shall prevail. 11.2 Where a provision of this By-law conﬂicts with the provisions of another By-law in force in the Town of Thessalon, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail. 12. ENFORCEMENT 12.1 Any police oﬃcer, provincial oﬀences oﬃcer, by-law enforcement oﬃcer or other employee of the Town, whose duƟes include the enforcement of this By-law, is authorized to: a) Request any person believed by such oﬃcer or employee to be contravening or who has contravened any provision of the By-law to desist from the acƟvity consƟtuƟng or contribuƟng to such contravenƟon; and b) To enforce this By-law pursuant to the provisions hereof and of the Provincial Oﬀences Act, R.S.O. 1990, c. P.33, as amended or any amended or any successor thereof. 13. PENALTY 13.1 Any person who: a) Contravenes or fails to comply with any provisions of this By-law or any permit issued hereunder, and/or b) Erects or places a sign in contravenƟon of this By-law; and /or c) Obstructs or hinders any person in the performance of his/her duƟes under this By-law; and/or d) Fails to comply with any order of any Police Oﬃcer, Provincial Oﬀences Oﬃcer, By-law Enforcement Oﬃce or Employees of the Town, who's duƟes include the enforcement of this By- law Is guilty of an oﬀence and on convicƟon is liable to a ﬁne, penalty or order as provided for in the Provincial Oﬀences Act, 1990, c.P. 33, as amended, or any successor thereof, or in the Municipal Act, 2001, c. 25, as amended or any successor thereof. This By-law shall come into force and take eﬀect upon the immediate passing thereof. PASSED in Open Council this _____ day of _______, 2024. ______________________________ Mayor Seal ______________________________ Clerk-Treasurer By-law 2639 Schedule A For Oﬃce Use Only: Received By: ______________ Date: ________________ ApplicaƟon #: ________ ApplicaƟon for SIGN PERMIT Cost: $_________ plus all associated fees *Applicants are responsible for all of the Town's legal fees (if required) and disbursements in connecƟon with the Sign Permit. SecƟon 1 Contact InformaƟon 1. Applicant InformaƟon The property owner's authorizaƟon (SecƟon 4) is required if the applicant is not the owner. Name of all registered owners: ____________________________________________________ ______________________________________________________________________________ Telephone: _____________________________ Mobile: _____________________________ Mailing Address: ________________________________________________________________ Email: ________________________________________________________________________ 1.2 Name of Agent/ Solicitor Name of person who is to be contacted about the applicaƟon if diﬀerent than the owner. Name(s): ______________________________________________________________________ Telephone: ____________________________ Mobile: _____________________________ Mailing Address: ________________________________________________________________ Email: ________________________________________________________________________ 1.3 Primary Contact Applicant: ______________ Agent/Solicitor: ______________ CorporaƟon of the Town of Thessalon Planning Advisory Commitee 187 Main Street. P.O. Box 220 Thessalon, ON. P0R 1L0 Tel: 705-842-2217 Fax: 842-2572 Email: townoŌ[email protected] SecƟon 2: Subject Property InformaƟon 2.1 LocaƟon of Sign Municipal Address: ______________________________________________________________ Assessment Roll No(s): ___________________________________________________________ Legal descripƟon (Lot and Registered Plan): __________________________________________ 2.2 Planning InformaƟon Oﬃcial Plan DesignaƟon: _______________ Current Zoning: _______________________ C) Provide a brief descripƟon of the exisƟng uses of land: ______________________________________________________________________________ ______________________________________________________________________________ SecƟon 3: Sign InformaƟon Please indicate. ___ New ___AlteraƟon ___Replace Please indicate sign type. ___Facia ___Portable ___Ground ___Roof Other (please indicate) : ___________________________ Material of Sign (including sign structure): ____________________________________________ ______________________________________________________________________________ Total Height (including support): ____________ Total Surface Area: ____________________ Weight (lbs.): ____________________________ Total Ground Area: ____________________ Setback from front & side interior lot lines: ___________________________________________ Setback from exterior lot line (if applicable): __________________________________________ Sign purpose: __________________________________________________________________ Please atach drawings and plans of proposed sign, and sign locaƟon including sizes, dimensions, setbacks and other applicable informaƟon. *Please be advised that architect(s) and/or engineer(s) maybe required as per the Ontario Building Code. SecƟon 4: AuthorizaƟon If the applicant is not the owner of the land that is the subject of this applicaƟon, the writen authorizaƟon of the owner that the applicant is authorized to make the applicaƟon must be included with this form or the authorizaƟon set out below must be completed. AUTHORIZATION OF OWNER FOR AGENT TO PROVIDE THE APPLICATION I/We, _______________________, am the registered owner of the subject land applicaƟon and I authorize __________________________ to make this applicaƟon on my/our behalf, along with relevant reports and studies and to appear on my/our behalf at any meeƟngs with respect to this mater and to provide any informaƟon required by the Town of Thessalon relevant to this applicaƟon. ____________________ _________________________________________ Date __________________________________________ Signature of the Owner(s) CONSENT OF THE OWNER TO THE USE AND DISCLOSURE OF PERSONAL INFORMATION I, ___________________________, am the owner of the land that is the subject of this applicaƟon and for the purposes of the Freedom of InformaƟon and ProtecƟon of Privacy Act, I authorize and consent to the use by or the disclosure to any person or public body of any personal informaƟon that is collected under the authority of the Planning Act for the purposes of processing this applicaƟon. ______________________ __________________________________________ Date __________________________________________ Signature of Owner(s) PERMISSION TO ENTER The applicant acknowledges that site visit(s) may be required in order to view the property and its relaƟon to the surrounding lands. The applicant authorizes members of Council, Municipal staﬀ, consultants retained by the Municipality in the review of the applicaƟon to enter onto the subject property for the purpose of evaluaƟng the applicaƟon/proposal. ______________________ __________________________________________ Date __________________________________________ Signature of Owner(s) DECLARATION NOTE: ALL APPLICANTS SHALL ENSURE THAT A "COMPLETE APPLICATION" UNDER THE PLANNING ACT HAS BEEN MADE BEFORE COMPLETING SECTION II. I hereby declare that the informaƟon contained in this applicaƟon and on the atached plan is, to the best of my knowledge, a true and complete representaƟon of the purpose and intent of this applicaƟon. ______________________ __________________________________________ Date __________________________________________ Signature of Owner(s) ______________________ __________________________________________ Date Signature of Authorized Agent By-law 2639 Schedule B Signage Permit Fee Permit fee for all applicable signs $100.00 Please note: 1. AlternaƟons or replacements to current signs will be subject to the above permit fee. 2. Please be advised that permit fee doubles if any sign or adverƟsing device is constructed, erected, replaced or altered prior to the issuance of a Sign Permit.